Benchmark Electronics, Inc., 60908-60909 [E7-21185]
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60908
Federal Register / Vol. 72, No. 207 / Friday, October 26, 2007 / Notices
rmajette on PROD1PC64 with NOTICES
and IRA), which status requires asset
balances of at least $500,000. As a result, the
client would be charged a $100 annual fee in
respect of the FMA Account and a $40
annual fee in respect of the IRA. The IRA’s
BDP investments would receive interest at a
rate applicable to accounts having asset
balances between $250,000 and $500,000,
which rate was 3.35% Annual Percentage
Yield as of June 13, 2007.
If the proposed exemption is granted,
Citigroup would be permitted to aggregate
the client’s accounts (in accordance with the
conditions of the exemption), and the
combined asset balance in excess of $500,000
would result in an elimination of the $100
and $40 annual fees. In addition, the BDP
investments would be eligible for a higher
interest rate, equal to 3.51% Annual
Percentage Yield as of June 13, 2007. Further,
as part of a Reserved relationship, Smith
Barney would waive the following fees
(among others) in the client’s FMA Account:
ATM fees, shipping costs for lost or stolen
cards, fees for transferring securities,
safekeeping fees for physically holding
securities, Fed wire fees, fees charged for
bounced checks, fees charged to stop
payment on a check, and check reorder fees.
requirements based on the amount of
fees incurred by any other type of
account which the qualified affiliate
includes to determine eligibility.
(e) The combined total of all fees for
the provision of services to the IRA or
Keogh Plan will not be in excess of
reasonable compensation within the
meaning of section 408(b)(2) of ERISA
and section 4975(d)(2) of the Code.
(f) The investment performance of the
investments made by the IRAs and/or
Keogh Plans will be no less favorable
than the investment performance of
identical investments that could have
been made at the same time by a
customer of Citigroup who is not
eligible for (or who does not receive)
reduced or no cost services.
(g) The services offered under the
arrangement to the IRA or Keogh Plan
customer will be the same as are offered
to non-IRA or non-Keogh Plan
customers of qualified affiliates with
account values of the same amount or
the same amount of fees generated.
6. In summary, the Applicant
represents that the transactions will
satisfy the statutory criteria for an
exemption under section 408(a) of the
Act and section 4975(c)(2) since, among
other things:
(a) The IRA or Keogh Plan whose
account value, or whose fees paid, are
taken into account for purposes of
determining eligibility to receive
services under the arrangement will be
established and maintained for the
exclusive benefit of the participant
covered under the IRA or Keogh Plan,
his or her spouse or their beneficiaries.
(b) The services offered under the
arrangement will be of a type that a
qualified affiliate could offer consistent
with all applicable federal and state
banking laws and all applicable federal
and state laws regulating broker-dealers.
(c) The services offered under the
arrangement will be provided by a
qualified affiliate in the ordinary course
of its business as a bank or a brokerdealer to customers who qualify for
reduced or no cost services, but do not
maintain IRAs or Keogh Plans with a
qualified affiliate.
(d) For the purpose of determining
eligibility to receive services, the
arrangement will satisfy:
(i) Eligibility requirements based on
the account value of the IRA or Keogh
Plan are as favorable as such
requirements based on the value of any
other type of account which the
qualified affiliate includes to determine
eligibility; and/or
(ii) Eligibility requirements based on
the amount of fees incurred by the IRA
or Keogh Plan, are as favorable as any
Notice to Interested Persons
VerDate Aug<31>2005
15:23 Oct 25, 2007
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The Applicant represents that because
those potentially interested persons
cannot all be identified at the time this
proposed exemption is published in the
Federal Register, the only practical
means of notifying the public is by
publication of the notice of pendency in
the Federal Register. Therefore, written
comments and/or requests for a public
hearing must be received by the
Department not later than 45 days from
the date of publication of this notice of
proposed exemption in the Federal
Register.
section 404(a)(1)(b) of the Act; nor does
it affect the requirement of section
401(a) of the Code that the plan must
operate for the exclusive benefit of the
employees of the employer maintaining
the plan and their beneficiaries;
(2) Before an exemption may be
granted under section 408(a) of the Act
and/or section 4975(c)(2) of the Code,
the Department must find that the
exemption is administratively feasible,
in the interests of the plan and of its
participants and beneficiaries, and
protective of the rights of participants
and beneficiaries of the plan;
(3) The proposed exemptions, if
granted, will be supplemental to, and
not in derogation of, any other
provisions of the Act and/or the Code,
including statutory or administrative
exemptions and transitional rules.
Furthermore, the fact that a transaction
is subject to an administrative or
statutory exemption is not dispositive of
whether the transaction is in fact a
prohibited transaction; and
(4) The proposed exemptions, if
granted, will be subject to the express
condition that the material facts and
representations contained in each
application are true and complete, and
that each application accurately
describes all material terms of the
transaction which is the subject of the
exemption.
Ivan Strasfeld,
Director of Exemption Determinations,
Employee Benefits Security Administration,
U.S. Department of Labor.
[FR Doc. E7–20921 Filed 10–25–07; 8:45 am]
BILLING CODE 4510–29–P
FOR FURTHER INFORMATION CONTACT:
Allison Padams-Lavigne, U.S.
Department of Labor, telephone (202)
693–8564. (This is not a toll-free
number.)
DEPARTMENT OF LABOR
General Information
[TA–W–60,023]
The attention of interested persons is
directed to the following:
(1) The fact that a transaction is the
subject of an exemption under section
408(a) of the Act and/or section
4975(c)(2) of the Code does not relieve
a fiduciary or other party in interest or
disqualified person from certain other
provisions of the Act and/or the Code,
including any prohibited transaction
provisions to which the exemption does
not apply and the general fiduciary
responsibility provisions of section 404
of the Act, which, among other things,
require a fiduciary to discharge his
duties respecting the plan solely in the
interest of the participants and
beneficiaries of the plan and in a
prudent fashion in accordance with
Benchmark Electronics, Inc.
PO 00000
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Employment and Training
Administration
Loveland Division, Including On-Site
Leased Workers of Volt Services Group
Who Were Retained by Verigy US
Development, Loveland, Colorado;
Amended Certification Regarding
Eligibility to Apply for Worker
Adjustment Assistance and Alternative
Trade Adjustment Assistance
In accordance with section 223 of the
Trade Act of 1974 (19 U.S.C. 2273), and
section 246 of the Trade Act of 1074 (26
U.S.C. 2813), as amended, the
Department of Labor issued a
Certification of Eligibility to Apply for
Worker Adjustment Assistance and
Alternative Trade Adjustment
Assistance on October 27, 2006,
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Federal Register / Vol. 72, No. 207 / Friday, October 26, 2007 / Notices
applicable to workers of Benchmark
Electronics, Inc., Loveland Division,
including on-site leased workers from
Volt Services Group, Loveland,
Colorado. The notice was published in
the Federal Register on November 16,
2006 (71 FR 66799).
At the request of the State agency, the
Department reviewed the certification
for workers of the subject firm. The
workers were engaged in the production
(assemble, test, etc.) of flash memory
test systems.
New information shows that when
Benchmark Electronics, Inc., Loveland
Division, closed in November 2006, a
customer, Verigy US Development,
retained the on-site leased workers from
Volt Services Group to complete their
outstanding orders of flash memory test
systems.
Accordingly, the Department is
amending the certification to include
on-site leased workers who were
retained by Verigy US Development.
The intent of the Department’s
certification is to include all workers of
Benchmark Electronics, Inc., Loveland
Division who were adversely affected by
increased customer imports.
The amended notice applicable to
TA–W–60,023 is hereby issued as
follows:
‘‘All workers of Benchmark Electronics,
Inc., Loveland Division, including on-site
leased workers from Volt Services Group
who were retained by Verigy US
Development, Loveland, Colorado, who
became totally or partially separated from
employment on or after September 6, 2005,
through October 27, 2008, are eligible to
apply for adjustment assistance under
Section 223 of the Trade Act of 1974, and are
also eligible to apply for alternative trade
adjustment assistance under Section 246 of
the Trade Act of 1974.’’
Signed at Washington, DC this 17th day of
October 2007.
Richard Church,
Certifying Officer, Division of Trade
Adjustment Assistance.
[FR Doc. E7–21185 Filed 10–25–07; 8:45 am]
rmajette on PROD1PC64 with NOTICES
BILLING CODE 4510–FN–P
VerDate Aug<31>2005
15:23 Oct 25, 2007
Signed at Washington, DC this 23rd day of
October 2007.
Richard Church,
Certifying Officer, Division of Trade
Adjustment Assistance.
[FR Doc. E7–21188 Filed 10–25–07; 8:45 am]
DEPARTMENT OF LABOR
Employment and Training
Administration
[TA–W–62,073]
BILLING CODE 4510–FN–P
Fujitsu Ten Corporation of America,
Rushville Indiana Operations Including
On-Site Leased Workers of Personnel
Management, Inc. and Penmack
Rushville, Indiana; Amended
Certification Regarding Eligibility to
Apply for Worker Adjustment
Assistance and Alternative Trade
Adjustment Assistance
In accordance with Section 223 of the
Trade Act of 1974 (19 U.S.C. 2273), and
Section 246 of the Trade Act of 1974 (26
U.S.C. 2813), as amended, the
Department of Labor issued a
Certification of Eligibility to Apply for
Worker Adjustment Assistance and
Alternative Trade Adjustment
Assistance on October 11, 2007,
applicable to workers of Fujitsu Ten
Corporation of America, Rushville
Indiana Operations, including on-site
leased workers of Personnel
Management, Inc., Rushville, Indiana.
The notice will be published soon in the
Federal Register.
At the request of the State agency, the
Department reviewed the certification
for workers of the subject firm. The
workers are engaged in the production
of automotive electronic controls.
The review of the investigation record
shows that the Department
inadvertently excluded from the
certification on-site leased workers from
Penmack.
Accordingly, the Department is
amending this certification to include
on-site leased workers from Penmack.
The workers of Penmack at the
Rushville site are sufficiently under the
control of Fujitsu Corporation of
America to be considered leased
workers.
The amended notice applicable to
TA–W–62,073 is hereby issued as
follows:
‘‘All workers of Fujitsu Ten Corporation of
America, Rushville Indiana Operations,
including on-site leased workers of Personnel
Management, Inc. and Penmack, Rushville,
Indiana, who became totally or partially
separated from employment on or after
August 28, 2006, through October 11, 2009,
are eligible to apply for adjustment assistance
under Section 223 of the Trade Act of 1974,
and are also eligible to apply for alternative
trade adjustment assistance under Section
246 of the Trade Act of 1974.’’
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60909
PO 00000
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Sfmt 4703
DEPARTMENT OF LABOR
Employment and Training
Administration
Notice of Determinations Regarding
Eligibility To Apply for Worker
Adjustment Assistance and Alternative
Trade Adjustment Assistance
In accordance with Section 223 of the
Trade Act of 1974, as amended (19
U.S.C. 2273) the Department of Labor
herein presents summaries of
determinations regarding eligibility to
apply for trade adjustment assistance for
workers (TA–W) number and alternative
trade adjustment assistance (ATAA) by
(TA–W) number issued during the
period of October 9 through October 12,
2007.
In order for an affirmative
determination to be made for workers of
a primary firm and a certification issued
regarding eligibility to apply for worker
adjustment assistance, each of the group
eligibility requirements of Section
222(a) of the Act must be met.
I. Section (a)(2)(A) all of the following
must be satisfied:
A. A significant number or proportion
of the workers in such workers’ firm, or
an appropriate subdivision of the firm,
have become totally or partially
separated, or are threatened to become
totally or partially separated;
B. the sales or production, or both, of
such firm or subdivision have decreased
absolutely; and
C. increased imports of articles like or
directly competitive with articles
produced by such firm or subdivision
have contributed importantly to such
workers’ separation or threat of
separation and to the decline in sales or
production of such firm or subdivision;
or
II. Section (a)(2)(B) both of the
following must be satisfied:
A. A significant number or proportion
of the workers in such workers’ firm, or
an appropriate subdivision of the firm,
have become totally or partially
separated, or are threatened to become
totally or partially separated;
B. there has been a shift in production
by such workers’ firm or subdivision to
a foreign country of articles like or
directly competitive with articles which
are produced by such firm or
subdivision; and
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]]>Agencies
[Federal Register Volume 72, Number 207 (Friday, October 26, 2007)]
[Notices]
[Pages 60908-60909]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-21185]
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DEPARTMENT OF LABOR
Employment and Training Administration
[TA-W-60,023]
Benchmark Electronics, Inc.
Loveland Division, Including On-Site Leased Workers of Volt Services
Group Who Were Retained by Verigy US Development, Loveland, Colorado;
Amended Certification Regarding Eligibility to Apply for Worker
Adjustment Assistance and Alternative Trade Adjustment Assistance
In accordance with section 223 of the Trade Act of 1974 (19 U.S.C.
2273), and section 246 of the Trade Act of 1074 (26 U.S.C. 2813), as
amended, the Department of Labor issued a Certification of Eligibility
to Apply for Worker Adjustment Assistance and Alternative Trade
Adjustment Assistance on October 27, 2006,
[[Page 60909]]
applicable to workers of Benchmark Electronics, Inc., Loveland
Division, including on-site leased workers from Volt Services Group,
Loveland, Colorado. The notice was published in the Federal Register on
November 16, 2006 (71 FR 66799).
At the request of the State agency, the Department reviewed the
certification for workers of the subject firm. The workers were engaged
in the production (assemble, test, etc.) of flash memory test systems.
New information shows that when Benchmark Electronics, Inc.,
Loveland Division, closed in November 2006, a customer, Verigy US
Development, retained the on-site leased workers from Volt Services
Group to complete their outstanding orders of flash memory test
systems.
Accordingly, the Department is amending the certification to
include on-site leased workers who were retained by Verigy US
Development.
The intent of the Department's certification is to include all
workers of Benchmark Electronics, Inc., Loveland Division who were
adversely affected by increased customer imports.
The amended notice applicable to TA-W-60,023 is hereby issued as
follows:
``All workers of Benchmark Electronics, Inc., Loveland Division,
including on-site leased workers from Volt Services Group who were
retained by Verigy US Development, Loveland, Colorado, who became
totally or partially separated from employment on or after September
6, 2005, through October 27, 2008, are eligible to apply for
adjustment assistance under Section 223 of the Trade Act of 1974,
and are also eligible to apply for alternative trade adjustment
assistance under Section 246 of the Trade Act of 1974.''
Signed at Washington, DC this 17th day of October 2007.
Richard Church,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. E7-21185 Filed 10-25-07; 8:45 am]
BILLING CODE 4510-FN-P
